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(영문) 서울남부지방법원 2017.05.19 2016고단5593

부동산실권리자명의등기에관한법률위반

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1. The defendant A shall be punished by imprisonment for four months;

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B Operators of F Co., Ltd. F for the purpose of housing construction and construction business in Ulsan-gu, Ulsan-gu, and Defendant A leased the name of representative director of F Co., Ltd. upon the request of Defendant B, and the Defendants had the mind to register the farmland purchased from F Co., Ltd. for the purpose of avoiding the application of farmland law in Defendant A’s name.

1. No person who is the defendant B shall register any real right to real estate in the name of the trustee under the name of the trust agreement;

Nevertheless, on January 22, 2014, the Defendant registered the real right to real estate six times in the name of the trustee in accordance with the trust agreement under the name of the trust agreement in order to avoid the application of the farmland law, even though F Co., Ltd. purchased the land of 3263 square meters in Sejong Special Self-Governing City G-Governing City G-gun, Seoul Special Self-Governing City, and even if F Co., Ltd. purchased the land of 3263 square meters in the name of the Seoul Special Self-Governing Province, the Defendant registered the real right to real estate six times in the name of the trustee in accordance with the trust agreement under the name of the trust agreement in the name of the trustee in order to avoid the application of the farmland Act.

2. No person who is a defendant shall register any real right to real estate in the name of the trustee under the name of the trustee pursuant to the trust agreement;

Nevertheless, on January 22, 2014, the Defendant registered the real right to real estate under the name of the trustee in accordance with the trust agreement with the purpose of evading the application of the farmland law, even though F Co., Ltd. purchased an area of 3263 square meters in Sejong Special Self-Governing City G-Governing City G-gun G-won 3263 square meters, at around 22, 2014, in the name of the title trustee in accordance with the trust agreement, for the purpose of evading the application of the farmland Act, and from around that time to July 9, 2014.

Summary of Evidence

1. Defendants’ legal statement

1. The name of the person having the real right to real estate;